New York S 8052: Provides a disability presumption to members of public retirement systems

Bill Text

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S08052 Summary:

BILL NOS08052A

&nbsp

SAME ASSAME AS A10172

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SPONSORJACKSON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §810, R & SS L

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Provides that a member of a public retirement system who has been determined to have a permanent partial disability by the workers' compensation board of the state of New York, and who the United States social security administration has determined is disabled for substantial gainful activity, and approved for social security disability benefits, shall be deemed to be disabled for the purposes of eligibility for disability benefits of such public retirement system.

Go to top S08052 Actions:

BILL NOS08052A

&nbsp

05/15/2025REFERRED TO CIVIL SERVICE AND PENSIONS

01/07/2026REFERRED TO CIVIL SERVICE AND PENSIONS

01/29/2026AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS

01/29/2026PRINT NUMBER 8052A

Go to topS08052 Committee&nbspVotes:

Go to topS08052 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08052 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8052--A

 2025-2026 Regular Sessions

 IN SENATE

 May 15, 2025
 ___________

 Introduced by Sen. JACKSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Civil Service and Pensions
 -- recommitted to the Committee on Civil Service and Pensions in
 accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the retirement and social security law, in relation to
 providing a disability presumption to members of public retirement
 systems

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The retirement and social security law is amended by adding
 2 a new section 810 to read as follows:
 3 § 810. Disability presumption. Notwithstanding any other law, rule or
 4 regulation to the contrary, a member of a public retirement system as
 5 defined by subdivision a of section eight hundred of this article who
 6 has been determined to have a permanent partial disability by the work-
 7 ers' compensation board of the state of New York, or who the United
 8 States social security administration has determined is disabled for
 9 substantial gainful activity, and approved for social security disabili-
 10 ty benefits, shall be deemed to be disabled for the purposes of eligi-
 11 bility for disability benefits of such public retirement system.
 12 § 2. This act shall take effect immediately.
 FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 Bill Description:
 This fiscal note is prepared for legislative bill draft S.8052. This
 bill would add a section 810 to the Retirement and Social Security Law
 that would deem any member determined to have a permanent partial disa-
 bility by the New York State Workers' Compensation Board, or determined
 to be disabled for substantial gainful activity and eligible for Social
 Security Disability benefits by the United States Social Security Admin-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11399-04-6

 S. 8052--A 2

 istration, to be eligible for disability benefits from the New York
 State Teachers' Retirement System (NYSTRS). Current statute, section 605
 of the Retirement and Social Security Law, requires that a member be
 physically or mentally incapacitated for the performance of gainful
 employment to qualify for a disability benefit. The statute empowers
 NYSTRS to make that determination and to that end, NYSTRS has a Medical
 Board of board-certified physicians that meets monthly to review disa-
 bility applications and medical files.
 Cost:
 The overall cost to the participating employers of the New York State
 Teachers' Retirement System cannot be readily determined as the ultimate
 number of disability retirements granted under this definition cannot be
 determined at this time.
 The System's average cost per individual member impacted is estimated
 as follows:

 Member Age Disability Benefit
 30 $280,000 (4.5 times salary)
 40 $350,000 (4.2 times salary)
 50 $400,000 (3.8 times salary)

 The actual cost per member would depend on the member's age, tier,